IN THE COURT OF QUEEN'S BENCH OF JUDICIAL DISTRICT OF

BETWEEN:

EZRA LEVANT, and SEAN MCKINSLEY

Plaintiffs

and

GAUNTLET PUBLICATIONS SOCIETY, SHELAGH PEIRCE, ROBERT BARNETSON and CAREY DuGRAY

Defendants

STATEMENT OF DEFENCE OF THE DEFENDANTS GAUNTLET PUBLICATIONS SOCIETY. SHELAGH PEIRCE. ROBERT BARNETSON and CAREY DuGRAY

1. The Defendants admits paragraphs 1, 2, 3, 4, 5, 6 and 11 of the Statement of Claim but deny all other allegations. The Defendants agree with the proposal set out in paragraph 16 of the Statement of Claim.

2. In response to the whole Statement of Claim, the Defendant, Carey DuGray states that he was News Editor of The Gauntlet at all material times and, as such, was not responsible for nor was he consulted in the publication of any letters to the editor including the letter contained in the February 18, 1993 edition of The Gauntlet entitled "Levant, Anders and McKinsley Spread Hate, Claims Reader" which item and its headline are alleged by the Plaintiffs to be defamatory.

3- The Defendants deny that any of the items referred to by the Plaintiffs in paragraphs 7 and 8 of the Statement of Claim are defamatory of the Plaintiffs. -2-

4. The Defendants further deny that the alleged defamatory item have created a sense that the Plaintiffs have advocated hatred in a public place against identifiable groups based on race, gender or sexual orientation or that the said items have imputed to the Plaintiffs the commission of a criminal offence.

5. The Defendants deny that the alleged defamatory items were published as a malicious attempt to slur the Plaintiffs.

6. In the alternative, if the said items are defamatory, the Defendants state that the items are comments which were made honestly and in good faith or, alternatively, are expressions of opinion which a person could honestly and hold in good faith about facts which are a matter of public interest.

7. The Defendants state that the comments referred to in paragraph 6 herein were based on the following facts: (a) The facts set out in paragraphs 1 to 9, 13, 14, 17, 18 and 19 of the Newspaper article published by the Gauntlet on February 11, 1993 entitled "Debate over Gay Rights Fuels Fire at Speakers Corner"; (b) The following statements contained in the alleged defamatory newspaper article: (i) Quote of , "It is as soon as we start forcing ourselves on others... that's where (freedom) stops."; (ii) Statement that the Plaintiffs refute that homosexuality is biologically based by criticizing the Kinsey report of 1948; (iii) Statement that the Plaintiffs criticized the Kinsey study for having included a sample of prisoners and sex offenders; (iv) Statement that the Plaintiffs argued for the exclusion of sexual orientation in the Charter of Rights; (v) Statement that the Plaintiffs suggested homosexuality is a choice. 8. The Defendants state that the facts referred to in paragraph 7 herein are true.

9. The Defendants, therefore, state that the alleged defamatory items are fair comment.

10. In the further alternative, the Defendants state that if the said items are defamatory and are not fair comment, then the Plaintiffs have suffered no damages.

11. The Defendants further state that a full and fair retraction and full apology in respect of the alleged defamatory items was published in the March 11, 1993 edition of the The Gauntlet.

12. The Defendants plead and rely on sections 9, 15 and 16 of the Act, R.S.A. 1980, c. D-6.

WHEREFORE THE DEFENDANTS PRAY that the Plaintiffs' claim be dismissed with costs.

DATED at the City of Calgary, in the Province of Alberta, this 23rd day of April, 1993 AND DELIVERED by Adamson & Galbraith Law Offices, Barristers and Solicitors, Solicitors for the Defendants herein, whose address for service is in care of the said Solicitors at #247, 3630 Brentwood Road N.W., Calgary, Alberta, T2L 1K8.

ykKK OFNTHfe COtRT^

TO: The Clerk of the Court and TO: Burstall Ward Solicitors for the Plaintiffs